Terms of Service

SERVICES AGREEMENT

 

These terms (“Terms”) cover the use of Maverick Troop consumer products, websites, applications and other services (the “Services”). You accept these Terms by creating a Maverick Troop account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.

 

1. Your Privacy. Your privacy is important to us. Please read our Privacy Policy (the “Privacy Statement”) as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how we use your content, which is your communications with others; postings submitted by you to Maverick Troop or independent third parties via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services (“Your Content”). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Maverick Troop’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we may provide separate notice and request your consent as referenced in the Privacy Statement.

 

WHILE WE WILL USE YOUR CONTENT AND DATA AS DESCRIBED IN THE PRIVACY STATEMENT, NONE OF THE INFORMATION THAT YOU PROVIDE TO MAVERICK TROOP OR INDEPENDENT THIRD PARTIES VIA THE SERVICES (INCLUDING, WITHOUT LIMITATION, YOUR CONTENT AND DATA) SHALL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. WE UNDERTAKE NO OBLIGATION TO REVIEW, SECURE OR RETURN SUCH INFORMATION TO YOU.

 

2. Using the Services. 

 

1. Account. You’ll need a Maverick Troop account to access or use the Services.

 

1. Creating an Account. You can create a Maverick Troop account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Maverick Troop account. In some cases, a third party, like your healthcare provider, may have assigned a Maverick Troop account to you. If you received your Maverick Troop account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Maverick Troop account. Please review any additional terms the third party provided you, as Maverick Troop has no responsibility regarding these additional terms. IF YOU CREATE A MAVERICK TROOP ACCOUNT ON BEHALF OF ANOTHER PERSON OR ENTITY, SUCH AS YOUR BUSINESS, EMPLOYER, EMPLOYEE OR PATIENT, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TERMS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND SHALL BE RESPONSIBLE FOR ALL USE OF THE MAVERICK TROOP ACCOUNT OR SERVICES. You cannot transfer your Maverick Troop account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Maverick Troop account.

 

1. Account Use. You must use your Maverick Troop account to keep it active. This means you must sign in at least once in a five-year period to keep your Maverick Troop account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Maverick Troop account is inactive and will close it for you. Please see Section 2(a)(iv)(2) for the consequences of a closed Maverick Troop account.  If we reasonably suspect that your Maverick Troop account is being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content and Services.

 

iii. Must be of Age of Majority.  You must be of the age of “majority” where you live in order to use the Services.  By creating an account and/or using the Services, you represent that you have reached the age of “majority” where you live. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please seek professional advice before creating an account.

 

1. Closing Your Account.

 

1. You can cancel specific Services or close your Maverick Troop account at any time and for any reason. To close your Maverick Troop account, please visit https://themavericktroop.com. When you ask us to close your Maverick Troop account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Maverick Troop account will be closed. Please see section 4(a)(iv)(2) below for an explanation as to what happens when your Maverick Troop account is closed. Logging back in during that 60-day period will reactivate your Maverick Troop account.

 

2. If your Maverick Troop account is closed (whether by you or us), a couple things happen. First, your right to use the Maverick Troop account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your Maverick Troop account or will otherwise disassociate it from you and your Maverick Troop account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). We will not be able to retrieve Your Content or Data once your account is closed.

 

1. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services, and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

 

1. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your Maverick Troop account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.

 

1. Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Maverick Troop account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your Maverick Troop account and have no other account able to access the Services your Services may be canceled immediately.

 

3. Using Third-Party Apps and Third-Party Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (i.e., companies or people who aren’t Maverick Troop) (“Third-Party Apps and Services”). Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may allow you to share and/or store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE PRIVACY OR SECURITY OF ANY OF YOUR CONTENT OR DATA THAT YOU SHARE AND/OR STORE WITH THE PUBLISHER, PROVIDER OR OPERATOR OF THE THIRD-PARTY APPS AND SERVICES.  The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring, using, requesting, or linking your Maverick Troop Account to any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Maverick Troop does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services

 

4. Service Availability.

 

1. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.

 

1. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DISRUPTION OR LOSS YOU MAY SUFFER AS A RESULT. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.

 

5. Updates to the Services or Software, and Changes to These Terms.

 

1. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your account.

 

1. At some point, you may need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. We are not obligated to make any updates available, and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.

 

1. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 15), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

 

6. Software License. Any software provided by us to you as part of the Services is subject to these Terms.

 

1. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by us. Notices, if any, for the third-party code are included for your information only.

 

1. The software is licensed, not sold, and we reserve all rights to the software not expressly granted by us, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:

 

1. Circumvent or bypass any technological protection measures in or relating to the software or Services;

 

1. Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;

 

iii. Separate components of the software or Services for use on different devices;

 

1. Publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless we expressly authorize you to do so;

 

1. Transfer the software, any software licenses, or any rights to access or use the Services;

 

1. Use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network; and/or

 

vii. Enable access to the Services by unauthorized third-parties.

 

7. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase, and you agree to them.

 

1. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.

 

1. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. Additionally, you agree to permit us to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.

 

1. Billing. By providing us with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services or available content using your payment method; and (iii) authorize us to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.

 

1. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to us by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us. By authorizing recurring payments, you are authorizing us to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period, and you authorize this. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, we or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.

 

1. Automatic Renewal. If automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period.  We will remind you by email, or other reasonable manner, before any Services renew for a new term, and notify you of any price changes in accordance with section 7(k).  Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.

 

1. Statement and Errors. We will provide you with a billing statement. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. IF YOU DO NOT TELL US WITHIN THAT TIME, YOU RELEASE US FROM ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM THE ERROR AND WE WON’T BE REQUIRED TO CORRECT THE ERROR OR PROVIDE A REFUND.

 

1. Refund Policy. Unless otherwise provided by law, all purchases are final and non-refundable. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

 

2. Canceling the Services. You may cancel a Service at any time, with or without cause. We will process your Data as described above in Section 2. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.

 

1. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges. If you do not cancel the trial Service(s) by the end of the trial period, you authorize us to charge you for the Service(s).

 

1. Promotional Offers. From time to time, we may offer Services for a trial period during which we will not charge you for the Services. We reserve the right to charge you for such Services (at the normal rate) if we determine (in our reasonable discretion) that you are breaching the terms and conditions of the offer.
2. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.

 

1. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.

 

8. Choice of Law and Place to Resolve Disputes. The laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Tarrant County, TX, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).

 

9. No Warranties. MAVERICK TROOP, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MAVERICK TROOP DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

 

10. Limitation of Liability. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS), YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM MAVERICK TROOP OR ANY AFFILIATES, RESELLERS, DISTRIBUTORS, THIRD-PARTY APPS AND SERVICES PROVIDERS, AND VENDORS, DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICES FEE FOR THE MONTH DURING WHICH THE LOSS OR BREACH OCCURRED (OR UP TO $10.00 IF THE SERVICES ARE FREE). YOU CAN’T RECOVER, AND EXPRESSLY WAIVE AND RELEASE YOUR RIGHT TO, ANY OTHER DAMAGES OR LOSSES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOESN’T FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS, THE SERVICES, OR THE SOFTWARE RELATED TO THE SERVICES.

 

11. Group Messaging. The Services allow you to send messages to others via voice or SMS (“messages”), and/or allow Maverick Troop and Maverick Troop-controlled affiliates to send such messages to you and one or more other users on your behalf.  YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM MAVERICK TROOP AND MAVERICK TROOP-CONTROLLED AFFILIATES. “Administrative text messages” are periodic transactional messages from a particular Maverick Troop service, including but not limited to a “welcome message” or instructions on how to stop receiving messages. You or group members no longer wishing to receive such messages can opt-out of receiving further messages from Maverick Troop or Maverick Troop-controlled affiliates at any time by following the instructions provided in the message. If you no longer wish to receive such messages or participate in the group, you agree that you will opt out through the instructions provided by the applicable program or service. If you have reason to believe that a group member no longer wishes to receive such messages or participate in the group, you agree to remove them from the group. You also represent and warrant to us that you and each person you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted from US-based numbers.

 

12. Authorization.  I hereby authorize my past, present and future healthcare providers to access my account.

 

13. Non-Medical Purpose.  The Services are intended for you to submit and store your personal health-related information and information about other people (such as your family) with their consent. While you are permitting healthcare providers to access your account, the Services are not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any healthcare provider as informational only. We do not hold records for healthcare providers or other medical or case management purposes. For example, your records are not designated record sets as defined under U.S. regulations, and WE HAVE NO OBLIGATION TO YOU OR YOUR HEALTHCARE PROVIDER TO KEEP YOUR RECORDS SECURE OR CONFIDENTIAL. If a healthcare provider decides to include any data made available from the Services in its records, it should store a copy in its own system. If there is a co-custodian of a record in your account (because one of you invited the other), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples’ access to the record, and view the record’s data including how and when the record is used. If you lose your sign-in credentials, or if the account where you got your credentials closes, you will not be able to recover your stored data. To help maintain continued access, we suggest you use more than one sign-in credential with your account. 

 

1. If you submit or store the health-related information (or other information) about any person other than yourself, you represent that you have obtained the consent to do so from that person.

 

14. Not Medical Devices.  The bots, action plans, insights, reminders and other features associated with the Services are not medical devices and are only intended for fitness and wellness purposes with a program issued by a care provider. They are not designed or intended as substitutes for professional medical advice or for use in the diagnosis, cure, mitigation, prevention, or treatment of disease or other conditions. You assume full responsibility for your use of the Services. You agree that we are not responsible for any decision you make based on information you receive from the bots, action plans, insights, reminders and other features associated with the Services. You should always consult with a doctor or other qualified healthcare provider before using the Services and with any questions you may have. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services. As with any technology, the bots, action plans, insights, reminders and other features associated with the Services may not work as intended for a variety of reasons including loss of power connectivity.
15. Digital Goods. As a part of the Services, you may be able to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material (“Digital Goods”) that you may get in digital form. The Digital Goods are only for your personal, noncommercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by Maverick Troop or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms and copyright law. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Maverick Troop or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Services without notice.

 

16. Binding Arbitration and Class Action Waiver. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Maverick Troop and Maverick Troop’s affiliates.

 

1. Disputes Covered—Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

 

75080. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to 333 Melrose Drive Richardson, TX 75080. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.

 

1. Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in Tarrant County, TX, provided that you meet the court’s requirements.

 

1. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules).  In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Tarrant County, TX. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.

 

1. Arbitration Fees and Payments.  The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

 

1. Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

 

1. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 16(a)) within one year from when it first could be filed. Otherwise, it’s permanently barred.

 

1. Rejecting Future Arbitration Changes. You may reject any change we make to section 16 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 16(b). If you do, the most recent version of section 16 before the change you rejected will apply.

 

1. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 16 is found to be illegal or unenforceable, that provision will be severed but the rest of section 16 still applies.

 

17. Miscellaneous. This section, and sections 1, 7 (for amounts incurred before the end of these Terms), 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Maverick Troop for your use of the Services. It supersedes any prior agreements between you and Maverick Troop regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. Section 16 says what happens if parts of section 16 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 16 prevails over this section if inconsistent with it. Except for section 16 (arbitration and class action waiver) these Terms are solely for yours and our benefit; they aren’t for the benefit of any other person, except for Maverick Troop’s successors and assigns.

 

18. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use.

 

19. Reservation of Rights and Feedback. Except as expressly provided under these Terms, Maverick Troop does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Maverick Troop or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Maverick Troop any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to Maverick Troop, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Maverick Troop to license its software, technologies or documentation to any third party because Maverick Troop includes your Feedback in them.

20. Medical Notice. MAVERICK TROOP DOES NOT PROVIDE MEDICAL OR ANY OTHER HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, DIET, FITNESS, OR WELLNESS PROGRAM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU ACCESSED ON OR THROUGH THE SERVICES.